12-20 Amending Chapter 2 of the South Bend Municipal Code

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or the investigation conducted by the department, the Complaint Board may, by majority vote: (1) Order the director to conduct an investigation into the allegations of the complaint; (2) Conduct an informal administrative hearing on the complaint; and (3) Order the director to engage in a process of informal mediation to attempt to resolve the complaint. (c) If the Complaint Board determines to hold a hearing, the Complaint Office shall give written notice to all parties and witnesses at least fifteen(15) days in advance of the scheduled hearing. All testimony at such hearing shall be given under oath and under penalty of perjury. (d) Upon the completion of the investigation by the Complaint Office or after the hearing, the Complaint Board shall make a disposition regarding the complaint. The disposition shall be one (1) or more of the following: (1) Not sustained (when there is insufficient evidence to prove the allegation(s) made in the complaint by clear and convincing evidence); (2) Sustained (when there is sufficient evidence to prove the allegation(s) made in the complaint by the preponderance of the evidence); (3) Exonerated (when the allegation made in the complaint is false or not factual, or the conduct complained of was lawful and proper); and/or (4) Withdrawn (when the complainant requests that no further action be taken on the case). The disposition must be made within sixty (60) working days after the Department's investigation is returned to the Complaint Office or after the conclusion of the investigation conducted by the director pursuant to subsection(a) of this section. (e) The findings and disposition of the Complaint Board shall be communicated to the Common Council, the Board of Public Safety and the Police Chief in writing within ten(10) days of the date of the disposition. (0 Any disciplinary action taken against an officer due to his or her involvement in an incident which resulted in a complaint being filed with the complaint office shall be communicated to the Complaint Board for disclosure to the public within ten (10) days after the disciplinary action is imposed. (g) If no disciplinary action is taken, the Complaint Board shall be informed of that fact with an explanation of the reasons for that determination in a written response within ten(10) days after the determination is made. Sec. 2-12.2.8-Subpoena powers. For purposes of conducting an investigation or hearing, the Complaint Board shall have the power to subpoena witnesses and documents, except those documents relating to ongoing criminal investigations, including such public records as are deemed subject to disclosure under